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RESENDEZ v. GARRISON

No. 74-1930.

528 F.2d 1310 (1975)

Ricardo Z. RESENDEZ, Appellant, v. Sam GARRISON, Warden, N.C. Central Prison, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided December 3, 1975.

Attorney(s) appearing for the Case

Joseph J. Kalo, Chapel Hill, N.C. [Court-appointed], for appellant.

Richard N. League, Asst. Atty. Gen. of N.C. (Rufus L. Edmisten, Atty. Gen. of N.C., on brief), for appellee.

Before HAYNSWORTH, Chief Judge, WINTER, Circuit Judge, and WATKINS, Senior District Judge.

HAYNSWORTH, Chief Judge:

The question is whether Resendez deliberately bypassed state appellate remedies thereby foreclosing federal court consideration of his federal claims. The district court found a deliberate bypass and denied the writ of habeas corpus. We reverse and remand to the district court for a hearing on the merits of Resendez's claims.

On November 28, 1969 a jury in Robeson County, North Carolina convicted Resendez of felony murder, kidnapping...

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